What is a CPLR Article 78 proceeding?
1. What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
How do you withdraw a motion from the New York Supreme court?
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
What is an Article 78 proceeding quizlet?
The section of a hearing document that cites the penalty that the court is imposing on the Respondent. If the DOS denies a license application, the applicant may request a hearing within. 30 days. What is an Article 78 proceeding? A judicial appeal.
Is a petition the same as a motion?
Most motions require a written petition, a written brief of legal reasons for granting the motion (often called “points and authorities”), written notice to the attorney for the opposing party and a hearing before a judge.
How do I commence a special proceeding in New York?
To commence a special proceeding you need to file the following with the County Clerk’s Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
What is the difference between capricious and arbitrary?
As adjectives the difference between arbitrary and capricious. is that arbitrary is (usually|of a decision) based on individual discretion or judgment; not based on any objective distinction, perhaps even made at random while capricious is impulsive and unpredictable; determined by chance, impulse, or whim.
What makes an agency decision arbitrary and capricious?
[a] decision is arbitrary and capricious if the agency  has relied on factors which Congress has not intended it to consider,  entirely failed to consider an important aspect of the problem,  offered an explanation for its decision that runs counter to the evidence before the agency, or  [has offered an …
Under which of the following circumstances would a broker lose or have their license suspended for a law violation committed by an associated licensee?
Under which of the following circumstances would a broker lose or have their license suspended for a law violation committed by an associated licensee? If the broker had actual knowledge of the violation.